Patna High Court - Orders
Lalmuni Devi & Ors. vs The State Of Bihar on 26 March, 2011
IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.5184 of 2011
1. LALMUNI DEVI , WIFE OF DASHRATH MANJHI
2. KISHORI MANJHI, SON OF DASHRATH MANJHI
3. JAGDISH MANJHI, SON OF DASHRATH MANJHI
4. ANIL MANJHI, SON OF DASHRATH MANJHI
5. DASHRATH MANJHI, SON OF LATE DEVKI MANJHI
6. MOTILAL MANJHI, SON OF DASHRATH MANJHI.
Versus
THE STATE OF BIHAR
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02/ 26.03.2011Petitioner no.1 to 5 are the family members of the petitioner no.6, the husband who are apprehending their arrest in a complaint case in which cognizance has been taken under Sections 498(A), 304(B), 120(B), 201/34 of the Indian Penal Code.
It is alleged that the victim died with the burnt injuries.
It is submitted that the U.D. Case was lodged on the basis of the fardbeyan of mother-in-law on 02.04.2010 to the effect that on 01.04.2010 the fire broke out and since the victim was suffering from paralysis so she got burnt, though, she was taken to the hospital. Subsequently, the complaint was filed on 06.04.2010 after five days of the occurrence which got registered as police case on 26.06.2010 wherein it has been alleged that there was demand of gold chain and motorcycle and for non-fulfillment the same the victim has been burnt to death.
Considering the aforesaid fact, let the petitioners namely, Lalmuni Devi, Kishori Manjhi, Jagdish Manjhi, Anil Manjhi and Dashrath Manjhi, in the event of his arrest or 2 surrender before the court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saran (Chapra) in connection with Chapra Muffasil P.S. Case No. 111 of 2010.
So far as petitioner no.6 namely, Motilal Manjhi being the husband is concerned, this Court is not inclined to grant anticipatory bail to petitioner no. 6. The application for grant of anticipatory bail of the petitioner no.6 stands rejected. Let petitioner no.6 surrender and pray for regular bail which will be considered by the court below keeping in mind that that the victim died due to the accidental fire in the house and the U.D. Case was registered on 02.04.2010 whereas the complaint was filed on 06.04.2010.
kksinha/- (Dinesh Kumar Singh, J.)